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DEVASHIS BARUAH
Samshul Haque, S/o Lt. Saidur Rahman Barbhuyan – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. The instant writ petition has been filed by the nephew of one Mizazur Rahman Borbhuyan who had lost his life on 20.03.1983 being a victim of the police atrocities during the Assam Agitation of 1979-85 and he was declared as a Martyr of Assam Agitation of 1979-85 which is reflected in the list of 860 Martyrs as published by the Government of Assam.
2. It is claimed in the writ petition that the Government of Assam has a Scheme for grant of Ex-gratia of an amount of Rs.5,00,000/-to the Next of Kin (NOK) of the Martyrs of Assam Agitation. The records of the writ petition shows that on 02.03.1990, an amount of Rs.30,000/-was sanctioned for the purpose of payment to one Saidur Rahman Borbhuyan as Ex-gratia for the martyr Mizazur Rahman Borbhuyan and the said amount was received. Subsequent thereto, another scheme was issued whereby an amount of Rs.5,00,000/-was declared to be the Ex-gratia to be paid as a token of respect towards the contribution of martyrs for the development of the State.
3. From the records of the writ petition, it reveals that the Circle Officer, Naduar Revenue Circle, Soetia had submitted an enquiry verification report stating that the Petitioner is the
The rightful beneficiary of ex-gratia compensation should be determined and the amount should be disbursed accordingly, without wrongful deprivation.
Notification revising ex-gratia compensation applies only prospectively; incidents occurring prior are governed by earlier regulations.
Point of Law : Observing that dominant purpose of policy is to provide some succour immediately to the Next of Kin [NoK] of the deceased to tide over the initial shock and hardship before lodging cla....
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